Proposition 218: Text of Proposed Law

This initiative measure is submitted to the people in accordance with the provisions of Article II,
Section 8 of the Constitution.

This initiative measure expressly amends the Constitution by adding articles thereto; therefore, new
provisions proposed to be added are printed in italic type to indicate that they are new.

PROPOSED ADDITION OF ARTICLE XIII C
AND ARTICLE XIII D

RIGHT TO VOTE ON TAXES ACT

SECTION 1. TITLE. This act shall be known and may be cited as the ''Right to Vote on Taxes
Act."

SECTION 2. FINDINGS AND DECLARATIONS. The people of the State of California
hereby find and declare that Proposition 13 was intended to provide effective tax relief and to
require voter approval of tax increases. However, local governments have subjected taxpayers to
excessive tax, assessment, fee and charge increases that not only frustrate the purposes of voter
approval for tax increases, but also threaten the economic security of all Californians and the
California economy itself. This measure protects taxpayers by limiting the methods by which local
governments exact revenue from taxpayers without their consent.

SECTION 3. VOTER APPROVAL FOR LOCAL TAX LEVIES.
Article XIII C is added to the
California Constitution to read:

ARTICLE XIII C

SECTION 1. Definitions. As used in this article:
(a) ''General tax" means any tax imposed for general governmental purposes.
(b) ''Local government" means any county, city, city and county, including a charter city or county,
any special district, or any other local or regional governmental entity.
(c) ''Special district" means an agency of the state, formed pursuant to general law or a special act,
for the local performance of governmental or proprietary functions with limited geographic
boundaries including, but not limited to, school districts and redevelopment agencies.
(d) ''Special tax" means any tax imposed for specific purposes, including a tax imposed for specific
purposes, which is placed into a general fund.

SEC. 2. Local Government Tax Limitation. Notwithstanding any other provision of this
Constitution:
(a) All taxes imposed by any local government shall be deemed to be either general taxes or special
taxes. Special purpose districts or agencies, including school districts, shall have no power to levy
general taxes.
(b) No local government may impose, extend, or increase any general tax unless and until that tax
is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed
to have been increased if it is imposed at a rate not higher than the maximum rate so approved.
The election required by this subdivision shall be consolidated with a regularly scheduled general
election for members of the governing body of the local government, except in cases of emergency
declared by a unanimous vote of the governing body.
(c) Any general tax imposed, extended, or increased, without voter approval, by any local
government on or after January 1, 1995, and prior to the effective date of this article, shall
continue to be imposed only if approved by a majority vote of the voters voting in an election on
the issue of the imposition, which election shall be held within two years of the effective date of
this article and in compliance with subdivision (b).
(d) No local government may impose, extend, or increase any special tax unless and until that tax
is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed
to have been increased if it is imposed at a rate not higher than the maximum rate so approved.

SEC. 3. Initiative Power for Local Taxes, Assessments, Fees and Charges.
Notwithstanding any other provision of this Constitution, including, but not limited to, Sections 8
and 9 of Article II, the initiative power shall not be prohibited or otherwise limited in matters of
reducing or repealing any local tax, assessment, fee or charge. The power of initiative to affect
local taxes, assessments, fees and charges shall be applicable to all local governments and neither
the Legislature nor any local government charter shall impose a signature requirement higher than
that applicable to statewide statutory initiatives.

SECTION 1. Application. Notwithstanding any other provision of law, the provisions of this
article shall apply to all assessments, fees and charges, whether imposed pursuant to state statute or
local government charter authority. Nothing in this article or Article XIII C shall be construed to:
(a) Provide any new authority to any agency to impose a tax, assessment, fee, or charge.
(b) Affect existing laws relating to the imposition of fees or charges as a condition of property
development.
(c) Affect existing laws relating to the imposition of timber yield taxes.

SEC. 2. Definitions. As used in this article:
(a) ''Agency" means any local government as defined in subdivision (b) of Section 1 of Article XIII
C.
(b) ''Assessment" means any levy or charge upon real property by an agency for a special benefit
conferred upon the real property. ''Assessment" includes, but is not limited to, ''special
assessment," ''benefit assessment," ''maintenance assessment" and ''special assessment tax."
(c) ''Capital cost" means the cost of acquisition, installation, construction, reconstruction, or
replacement of a permanent public improvement by an agency.
(d) ''District" means an area determined by an agency to contain all parcels which will receive a
special benefit from a proposed public improvement or property-related service.
(e) ''Fee" or ''charge" means any levy other than an ad valorem tax, a special tax, or an assessment,
imposed by an agency upon a parcel or upon a person as an incident of property ownership,
including a user fee or charge for a property related service.
(f) ''Maintenance and operation expenses" means the cost of rent, repair, replacement,
rehabilitation, fuel, power, electrical current, care, and supervision necessary to properly operate
and maintain a permanent public improvement.
(g) ''Property ownership" shall be deemed to include tenancies of real property where tenants are
directly liable to pay the assessment, fee, or charge in question.
(h) ''Property-related service" means a public service having a direct relationship to property
ownership.
(i) ''Special benefit" means a particular and distinct benefit over and above general benefits
conferred on real property located in the district or to the public at large. General enhancement of
property value does not constitute ''special benefit."

SEC. 3. Property Taxes, Assessments, Fees and Charges Limited. (a) No tax, assessment, fee, or
charge shall be assessed by any agency upon any parcel of property or upon any person as an
incident of property ownership except:
(1) The ad valorem property tax imposed pursuant to Article XIII and Article XIII A.
(2) Any special tax receiving a two-thirds vote pursuant to Section 4 of Article XIII A.
(3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article.
(b) For purposes of this article, fees for the provision of electrical or gas service shall not be
deemed charges or fees imposed as an incident of property ownership.

SEC. 4. Procedures and Requirements for All Assessments. (a) An agency which proposes to
levy an assessment shall identify all parcels which will have a special benefit conferred upon them
and upon which an assessment will be imposed. The proportionate special benefit derived by each
identified parcel shall be determined in relationship to the entirety of the capital cost of a public
improvement, the maintenance and operation expenses of a public improvement, or the cost of the
property related service being provided. No assessment shall be imposed on any parcel which
exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only
special benefits are assessable, and an agency shall separate the general benefits from the special
benefits conferred on a parcel. Parcels within a district that are owned or used by any agency, the
State of California or the United States shall not be exempt from assessment unless the agency can
demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no
special benefit.
(b) All assessments shall be supported by a detailed engineer's report prepared by a registered
professional engineer certified by the State of California.
(c) The amount of the proposed assessment for each identified parcel shall be calculated and the
record owner of each parcel shall be given written notice by mail of the proposed assessment, the
total amount thereof chargeable to the entire district, the amount chargeable to the owner's
particular parcel, the duration of the payments, the reason for the assessment and the basis upon
which the amount of the proposed assessment was calculated, together with the date, time, and
location of a public hearing on the proposed assessment. Each notice shall also include, in a
conspicuous place thereon, a summary of the procedures applicable to the completion, return, and
tabulation of the ballots required pursuant to subdivision (d), including a disclosure statement that
the existence of a majority protest, as defined in subdivision (e), will result in the assessment not
being imposed.
(d) Each notice mailed to owners of identified parcels within the district pursuant to subdivision (c)
shall contain a ballot which includes the agency's address for receipt of the ballot once completed
by any owner receiving the notice whereby the owner may indicate his or her name, reasonable
identification of the parcel, and his or her support or opposition to the proposed assessment.
(e) The agency shall conduct a public hearing upon the proposed assessment not less than 45 days
after mailing the notice of the proposed assessment to record owners of each identified parcel. At
the public hearing, the agency shall consider all protests against the proposed assessment and
tabulate the ballots. The agency shall not impose an assessment if there is a majority protest. A
majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the
assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the
ballots shall be weighted according to the proportional financial obligation of the affected property.
(f) In any legal action contesting the validity of any assessment, the burden shall be on the agency
to demonstrate that the property or properties in question receive a special benefit over and above
the benefits conferred on the public at large and that the amount of any contested assessment is
proportional to, and no greater than, the benefits conferred on the property or properties in
question.
(g) Because only special benefits are assessable, electors residing within the district who do not
own property within the district shall not be deemed under this Constitution to have been deprived
of the right to vote for any assessment. If a court determines that the Constitution of the United
States or other federal law requires otherwise, the assessment shall not be imposed unless approved
by a two-thirds vote of the electorate in the district in addition to being approved by the property
owners as required by subdivision (e).

SEC. 5. Effective Date. Pursuant to subdivision (a) of Section 10 of Article II, the provisions of
this article shall become effective the day after the election unless otherwise provided. Beginning
July 1, 1997, all existing, new, or increased assessments shall comply with this article.
Notwithstanding the foregoing, the following assessments existing on the effective date of this
article shall be exempt from the procedures and approval process set forth in Section 4:
(a) Any assessment imposed exclusively to finance the capital costs or maintenance and operation
expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control.
Subsequent increases in such assessments shall be subject to the procedures and approval process
set forth in Section 4.
(b) Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels
subject to the assessment at the time the assessment is initially imposed. Subsequent increases in
such assessments shall be subject to the procedures and approval process set forth in Section 4.
(c) Any assessment the proceeds of which are exclusively used to repay bonded indebtedness of
which the failure to pay would violate the Contract Impairment Clause of the Constitution of the
United States.
(d) Any assessment which previously received majority voter approval from the voters voting in an
election on the issue of the assessment. Subsequent increases in those assessments shall be subject
to the procedures and approval process set forth in Section 4.

SEC. 6. Property Related Fees and Charges. (a) Procedures for New or Increased Fees and
Charges. An agency shall follow the procedures pursuant to this section in imposing or increasing
any fee or charge as defined pursuant to this article, including, but not limited to, the following:
(1) The parcels upon which a fee or charge is proposed for imposition shall be identified. The
amount of the fee or charge proposed to be imposed upon each parcel shall be calculated. The
agency shall provide written notice by mail of the proposed fee or charge to the record owner of
each identified parcel upon which the fee or charge is proposed for imposition, the amount of the
fee or charge proposed to be imposed upon each, the basis upon which the amount of the
proposed fee or charge was calculated, the reason for the fee or charge, together with the date,
time, and location of a public hearing on the proposed fee or charge.
(2) The agency shall conduct a public hearing upon the proposed fee or charge not less than 45
days after mailing the notice of the proposed fee or charge to the record owners of each identified
parcel upon which the fee or charge is proposed for imposition. At the public hearing, the agency
shall consider all protests against the proposed fee or charge. If written protests against the
proposed fee or charge are presented by a majority of owners of the identified parcels, the agency
shall not impose the fee or charge.
(b) Requirements for Existing, New or Increased Fees and Charges. A fee or charge shall not be
extended, imposed, or increased by any agency unless it meets all of the following requirements:
(1) Revenues derived from the fee or charge shall not exceed the funds required to provide the
property related service.
(2) Revenues derived from the fee or charge shall not be used for any purpose other than that for
which the fee or charge was imposed.
(3) The amount of a fee or charge imposed upon any parcel or person as an incident of property
ownership shall not exceed the proportional cost of the service attributable to the parcel.
(4) No fee or charge may be imposed for a service unless that service is actually used by, or
immediately available to, the owner of the property in question. Fees or charges based on potential
or future use of a service are not permitted. Standby charges, whether characterized as charges or
assessments, shall be classified as assessments and shall not be imposed without compliance with
Section 4.
(5) No fee or charge may be imposed for general governmental services including, but not limited
to, police, fire, ambulance or library services, where the service is available to the public at large in
substantially the same manner as it is to property owners.
Reliance by an agency on any parcel map, including, but not limited to, an assessor's parcel map,
may be considered a significant factor in determining whether a fee or charge is imposed as an
incident of property ownership for purposes of this article. In any legal action contesting the
validity of a fee or charge, the burden shall be on the agency to demonstrate compliance with this
article.
(c) Voter Approval for New or Increased Fees and Charges. Except for fees or charges for sewer,
water, and refuse collection services, no property related fee or charge shall be imposed or
increased unless and until that fee or charge is submitted and approved by a majority vote of the
property owners of the property subject to the fee or charge or, at the option of the agency, by a
two-thirds vote of the electorate residing in the affected area. The election shall be conducted not
less than 45 days after the public hearing. An agency may adopt procedures similar to those for
increases in assessments in the conduct of elections under this subdivision.
(d) Beginning July 1, 1997, all fees or charges shall comply with this section.

SECTION 5. LIBERAL CONSTRUCTION. The provisions of this act shall be liberally
construed to effectuate its purposes of limiting local government revenue and enhancing taxpayer
consent.

SECTION 6. SEVERABILITY. If any provision of this act, or part thereof, is for any reason
held to be invalid or unconstitutional, the remaining sections shall not be affected, but shall remain
in full force and effect, and to this end the provisions of this act are severable.